by Shane M. Higginbotham PLLC
What if the seller can't move out and you now own the house? I am in this very situation right now and is it always fair? No. My client is the seller, the house is closing and the sellers are not able to move due to work and their Movers schedule. The buyer is adamant they move in as soon as it closes and refuse to allow the seller time to move out and has been quite nasty and vocal about it. So what do you do?
Prior to this, I sent over a post possession agreement, which help to protect not only my client but the buyer and both of the agencies against liability. The buyer refused to sign it because his agent said it looked too much like a lease, unfortunately for him his agent may not have explained the consequences for being frustrated and taking no action versus agreeing to the post possession and covering ones self, not to mention our collective butts.
I laughingly told the buyer's agent that since the buyer was intent on stamping their feet and having a tantrum to advise them that they were welcome to camp out in front of the house, build picket signs and protest till the cows come home but it will not change the sellers departure time frame, which was less than 48 hours later.